Dunkin' Donuts to open in Hopkinton after years of court appeals

HOPKINTON — For some, the construction of new Dunkin' Donuts is a welcome sight on West Main Street. For others it's not.

A crew is now preparing the land for construction of the building to start next year. While the franchise owners fought court appeals for the past three years, the lot sat vacant.

The main holdup centered on whether a Dunkin’ Donuts should be considered a store or restaurant under town bylaws.

Coco Bella LLC, a company which owns the home next door at 61 Elm St., filed an appeal in Land Court in November 2013 after the Zoning Board of Appeals upheld the Planning Board’s decision allowing the shop.

The Planning Board approved the Dunkin’ Donuts at 78 West Main St. as a "retail store" in 2013. The rural business district allows stores and sit-down restaurants as a matter of right. In April 2016, Land Court Judge Howard Speicher, however, ruled that the Dunkin’ Donuts should be classified as a fast-food restaurant, which isn’t allowed in the district – or anywhere in town – under town bylaws.

"The board’s approval was premised on a finding that the use is permitted as a 'retail store,'" the panel wrote. "This interpretation, the record reflects, is consistent with prior approvals of a Starbucks coffee café, another Dunkin’ Donuts store, and a third similar establishment in the same zoning district."

The restaurant is being built by S.F. Management LLC, a Holliston company which owns 13 Dunkin' Donuts locations in MetroWest. Owners Steven and Virginio Sardinha did not return phone calls and emails from the Daily News seeking comment Wednesday.

"It will be nice to see the area cleaned up and a business in the neighborhood," he said.

The plans call for relocating the Dunkin’ Donuts from a gas station adjacent to Interstate 495. The new shop was to have 28 seats, as well as tables, couches, seasonal outdoor seating and 24 parking spaces. S.F. Management clear cut the West Main Street property after demolishing a home and barn on the property in 2014.

Jonathan Phelps can be reached at 508-626-4338 or jphelps@wickedlocal.com. Follow him on Twitter @JPhelps_MW.